Sexual Abuse and Neglect by Physician

by Darlene
(Oshawa, Ontario, Canada)

On Nov. 19/09 I went to a walk in clinic on the strong advice of another Dr I had seen in the walk in clinic. The first Dr had done some pulmonary tests and the numbers came back significant enough for me to be referred to a respirologist.

On Nov 19th I saw the second Dr who after looking at the pulmonary results, made light of the results criticizing me for my past smoking habits, even though I had quit several weeks before when I started having breathing problems associated with a severe cough.

In fact the Dr said " I am surprised the numbers aren't worse considering your past smoking habits. There is no need for you to see any sort of specialist. If you hadn't smoked you wouldn't be having this problem now. You probabaly have COPD. Take this new inhaler." (spiriva)

During a physical examination of listening to my breathing with his stethescope, he listened briefly to my back and then proceeded to listen to the area around my breasts. During this part of the examination, he fully cupped both my breasts with his hand, twice on each side.

I have been examined several times in the several weeks prior to this incident and never has a Dr touched my breasts with his or her hands. Only the stethescope touched me. I immediately felt very uncomfortable and nautious. No referral was given to me.

Secondly, I needed some prescritions refilled. I might explain now that my family physician has not been practicing since the end of June due to a serious illness and is off indefinately if not permanently and to this date I have not yet been able to find a DR that is taking new patients, thus my visits to the walk in clinic.

This DR refilled my trazadone and my clonazepam but would not refill my Tylenol 4. He said "I am not refilling your Tylenol. You have a drug problem and you don't need it." This DR did not know me at all. He did not know why I was taking the Tylenol or what my chronic pain was, nor did he ask.

He told me I could wean off them in 2 or 3 days and was quite adamate about me having a drug problem due to the length of time I had been taking the Tylenol. He insinuated that I was a drug addict stating that "how do I know you are not selling these."

For your reference, I have DDD in my neck and severly advanced DDD in my lower back, I also have spinal stenosis, slight curvature of the spine, reflex sympatheic dystrophy, and had a second knee replacement in my left knee about 18 months ago, that has never healed properly and causes me incredible pain. A finative diagnosis of the left knee problem has yet to be diagnosed.

I did my best to explain these situations to this Dr but he just had the addtitude of "I don't care". When I asked what I was to do about the chronic pain he said he would give me an anti-inflamatory. I told him at that time that I could not take this type of drug as it caused me severe abdominal cramps along with constant severe diareahh. He said "that is not possible. They dissolve in your stomach. Try these." (Voltren)

Willing to try anything, I thought this was a new drug that I had not tried only to find out that it was Diclofinac, a drug I had tried on more than one occasion. When speaking to the pharmasist about this drug and telling her my symptoms, she immediately took the drug back stating " I am not giving these to you. You are allergic to them. I am marking NSAIDS as an allergy on your chart."

So, I left the Dr, bewildered about my pulmonary tests, intimidaded about my usage of pain killers, embarrassed about the cupping of my breasts, angry about the issuance of a drug that I told him I could not take, and only enough pain medication to last me 5 days.

Bewildered about my pulmonary tests, I went back to the Dr who had called me to ask what was going on. She had strongly advised me to get back to the clinic asap and now this second Dr basically said there was nothing wrong with me. I got a phone call the next day from the first Dr stating that I needed to get back to the clinic, once again asap for a referral to a respirologist.

Before I could get back to the clinic, I received a second call from the first Dr stating that the actual report from the respirologist was in and I had a severe lung blockage and I needed a referral immediately to a respirologist. I went back to the clinic, this time to a 3rd Dr who saw the report and gave me a referral right away. We also talked about my Tyelol 4's and what this past Dr had said to me and done. He gave me my full prescription, understanding the nature of my pain.

I am very concerned about the way this DR touched me during his physical examination of me, secondly about his issuance of a drug I told him I could not take, thirdly about the way he handled my pain medication situatation, and last but not least, his mocking me about my smoking and refusal to refer me to a respirologist.

Do I have any options?

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NOTICE: Any answer given here is NOT formal legal advice, it is general information about personal injury law. Charles does not represent you. If you submit a question, you agree not to rely on the information given without first consulting an attorney licensed in your state.

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Answer:

Re: The inappropriate touching - you should complain to the national medical organization of Canada (I'm sure Canada has an equivalent to the USA's American Medical Association, or AMA).

Re: Mocking your smoking - deal with it. He called you a name which isn't nice, but not tortous. It's unprofessional but you can't do anything about it.

Re: Issues related to his negligent treatment - In order to bring a medical malpractice action you must be able to prove that the doctor negligently performed his duties in treating you AND that you suffered damages (an injury) as a result of that negligent treatment.

In your description, you do not show that you have any physical injury, nor do you mention that you had to seek treatment with a health professional due to the possibility that you may have had an allergic reaction. Accordingly, other than making the above mentioned complaint, change doctors and move on.

Good luck,

Charles
New York Accident Attorney

P.S. It's always best to get a free case review from a local injury attorney. Laws change from state to state. Only an attorney licensed in your state can give accurate answers to specific questions regarding your case.